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Sorema N. Am. Reinsurance Co. d/b/a Fulcrum Ins. Co. v. Johnson

An insurance policy excluded coverage for plaintiff's vandalism claim involving a building which had been vacant for more than 60 days.

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Sorema North American Reinsurance Company d/b/a Fulcrum Insurance Company “Fulcrum” appeals from a superior court order granting summary judgment to Ronald J. Johnson. The superior court concluded that Fulcrum was liable under a policy of insurance for vandalism damage to a vacant building Johnson purchased from Fulcrum’s insured, Emergent Financial Corporation “Emergent”. Fulcrum, however, contends that it is entitled to summary judgment and that the trial court found coverage only by misconstruing the policy’s vacancy exclusion. We agree and reverse.

Summary judgment is appropriate under OCGA § 9-11-56 “when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” Footnote and punctuation omitted. Dover v. Mathis, 249 Ga. App. 753 549 SE2d 541 2001. We apply a de novo standard of appellate review and “view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Footnote and punctuation omitted. Id. See Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. Viewed in this light, the record reveals the following undisputed facts.

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